From Casetext: Smarter Legal Research

Frank R. v. John L. (In re Carlie A.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 7, 2012
D060141 (Cal. Ct. App. Feb. 7, 2012)

Opinion

D060141 Super. Ct. No. AN13809

02-07-2012

In re CARLIE A. et al., Minors. FRANK R. IV, Petitioner and Respondent, v. JOHN L., Objector and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

APPEAL from an order of the Superior Court of San Diego County, Blaine K. Bowman, Judge. Dismissed.

John L. appeals an order granting a petition to terminate the natural father's rights for a stepparent adoption under Family Code section 7822. Citing In re Sade C. (1996) 13 Cal.4th 952, John asks this court to exercise its discretion to review the record for error.

In In re Sade C., the California Supreme Court held that review pursuant to People v. Wende (1979) 25 Cal.3d 436 is unavailable in "an indigent parent's appeal from a judgment or order, obtained by the state, adversely affecting his custody of a child or his status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny appellant's requests to review the record for error and to address the Anders issue. (Anders v. California (1967) 386 U.S. 738.)

John's counsel asks this court to order counsel to brief any arguable issues. (Penson v. Ohio (1988) 488 U.S. 75, 88.) Citing In re Phoenix H. (2009) 47 Cal.4th 835, counsel also asks this court to exercise its discretion to provide her client the opportunity to file a supplemental brief in propria persona. The requests are denied.

DISPOSITION

The appeal is dismissed.

_____________

HALLER, J.
WE CONCUR:

_____________

McCONNELL, P. J.

_____________

McINTYRE, J.


Summaries of

Frank R. v. John L. (In re Carlie A.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 7, 2012
D060141 (Cal. Ct. App. Feb. 7, 2012)
Case details for

Frank R. v. John L. (In re Carlie A.)

Case Details

Full title:In re CARLIE A. et al., Minors. FRANK R. IV, Petitioner and Respondent, v…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Feb 7, 2012

Citations

D060141 (Cal. Ct. App. Feb. 7, 2012)